Lightfoot v. Burt et al

Filing 5

ORDER denying 4 Motion for Reconsideration. Signed by District Judge Paul D Borman. (DGoo)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PHILLIP HOWARD LIGHTFOOT, Plaintiff, v. SHERRY BURT, et. al., Defendant, _________________________________________/ OPINION AND ORDER DENYING THE MOTION FOR RECONSIDERATION On March 8, 2010, this Court denied plaintiff's application to proceed without prepayment of fees and dismissed his civil rights complaint brought suant to 42 U.S.C. § 1983 without prejudice. Petitioner has now filed a motion for reconsideration. For the reasons stated below, the motion is DENIED. U.S. Dist.Ct. Rules, E.D. Mich. 7.1 (h) allows a party to file a motion for reconsideration. In order for a court to grant a motion for reconsideration, the movant must show (1) a palpable defect; (2) that misled the court and the parties; and (3) that correcting the defect will result in a different disposition of the case. Sigma Financial Corp. v. American Intern. Specialty Lines Ins. Co., 200 F. Supp. 2d 710, 715 (E.D. Mich. 2002). A `palpable defect' is a defect which is considered "obvious, clear, unmistakable, manifest, or plain." Id. As a general rule, a court will not grant a motion for rehearing or reconsideration that merely presents the same issues ruled upon by the court, either expressly or by reasonable implication. Id. Civil No: 2:10-CV-10818 HONORABLE PAUL D. BORMAN UNITED STATES DISTRICT COURT

1

Plaintiff's motion for reconsideration will be denied, because he is merely presenting issues which were already ruled upon by this Court, either expressly or by reasonable implication, when the Court denied plaintiff's application to proceed without prepayment of fees and dismissed his civil rights complaint. See Hence v. Smith, 49 F. Supp. 2d 549, 553 (E.D. Mich. 1999). ORDER IT IS ORDERED that Plaintiff's motion for reconsideration [Court Docket Entry # 4] is DENIED. SO ORDERED. S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: April 5, 2010 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on April 5, 2010. S/Denise Goodine Case Manager

2